Petitioner sought quashing of FIR and non-arrest, having previously failed to surrender within the 90-day period granted in an anticipatory bail application. The Court declined to entertain the writ petition in the given facts but noted remedies remained available.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8455 of 2021
Petitioner :- Mohd. Faisal Respondent :- State Of U.P And Others Counsel for Petitioner :- Mohd. Samiuzzaman Khan Counsel for Respondent :- G.A.,Saurabh Kumar Pandey
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and Shri Arunendra Kumar Singh, learned AGA.
The petitioner, by means of this writ petition under Article 226 of the Constitution of India, has invoked the jurisdiction of this Court with prayer to quash the impugned First Information Report dated 24.08.2020 registered as Case Crime No. 396 of 2020 under Sections 295-A, 386, 504, 506, 507 IPC and Section 3 (2) (va) SC/ST Act, Police Station- Panki, District Kanpur Nagar and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
It is submitted by learned counsel for the petitioner that till date charge sheet has not been submitted against the petitioner in the aforesaid case crime.
On the matter being taken up today, learned AGA has vehemently opposed the writ petition on the ground that the petitioner had earlier preferred Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 9804 of 2020 (Mohd. Faisal vs. State of U.P. and another) in which this Court vide order dated 5.1.2021 has accorded indulgence to the petitioner to the effect that in case the petitioner appears and surrenders before the court below within 90 days and applies for bail, his prayer for bail shall be considered and decided as per the settled law. Till then he was protected from any coercive action. It was also made clear that the petitioner will not be granted any further time for surrendering before the court below. In this backdrop, it is submitted that once indulgence has already been accorded in the aforesaid proceeding and admittedly in response thereof the petitioner had not appeared/ surrendered before the court below and enjoyed 90 days protection, as such, in the facts and circumstances of the case, present writ petition is liable to be dismissed with heavy cost.
Confronted with this situation, learned counsel for the petitioner fairly states that due to some unavoidable circumstances the
petitioner could not appear before the court below within the prescribed period of 90 days and has approached this Court with the aforesaid relief. He further states that the charge sheet has been submitted against the other co-accused and the competent court has taken cognizance in the said proceeding and the same is pending consideration. He prays that one more indulgence may be accorded by this Court so that in response to the leave so accorded in the aforesaid proceeding, the petitioner may appear before the court concerned and get the reprieve strictly as per law.
Considering the facts and circumstances of the case, we are not inclined to entertain the writ petition. However, it is always open to the petitioner to invoke the remedy as available in law.
The writ petition stands disposed of accordingly.
Order Date :- 15.12.2021 Ashish Pd./SP/
Digitally signed by JUSTICE Digitally signed by SUBHASH MAHESH CHANDRA TRIPATHI VIDYARTHI Date: 2021.12.21 17:34:26 IST Date: 2021.12.21 17:35:03 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
2 issues framed by the court
Whether to accord further indulgence to the petitioner who failed to surrender within the period granted in the anticipatory bail application.
Whether to entertain a writ petition seeking quashment of FIR and non-arrest in the absence of a filed charge sheet.
Mohd. Faisal
State Of U.P
Mahesh Chandra Tripathi
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
